§ 537.5 General requirements for reports. ( a ) For each current model year, each manufacturer shall submit a pre-model year report, a mid-model year report, and, as required by § 537.8, supplementary reports.
( b ) ( 1 ) The pre-model year report required by this part for each current model year must be submitted during the month of December (*e.g.,* the pre-model year report for the 1983 model year must be submitted during December 1982).
( 2 ) The mid-model year report required by this part for each current model year must be submitted during the month of July (*e.g.,* the mid-model year report for the 1983 model year must be submitted during July 1983).
( 3 ) Each supplementary report must be submitted in accordance with § 537.8(c).
( c ) Each report required by this part must: ( 1 ) Identify the report as a pre-model year report, mid-model year report, or supplementary report as appropriate;
( 2 ) Identify the manufacturer submitting the report;
( 3 ) State the full name, title, and address of the official responsible for preparing the report;
( 4 ) Be submitted electronically to *cafe@dot.gov*. For each report, manufacturers should submit a confidential version and a non-confidential (*i.e.,* redacted) version. The confidential report should be accompanied by a request letter that contains supporting information, pursuant to § 512.8 of this chapter. Your request must also include a certificate, pursuant to § 512.4(b) of this chapter and part 512, appendix A, of this chapter. The word “CONFIDENTIAL” must appear on the top of each page containing information claimed to be confidential. If an entire page is claimed to be confidential, the submitter must indicate clearly that the entire page is claimed to be confidential. If the information for which confidentiality is being requested is contained within a page, the submitter shall enclose each item of information that is claimed to be confidential within brackets: “[ ].” Confidential portions of electronic files submitted in other than their original format must be marked “Confidential Business Information” or “Entire Page Confidential Business Information” at the top of each page. If only a portion of a page is claimed to be confidential, that portion shall be designated by brackets. Files submitted in their original format that cannot be marked as described above must, to the extent practicable, identify confidential information by alternative markings using existing attributes within the file or means that are accessible through use of the file's associated program. A representative from NHTSA's Office of Chief Counsel, as designated by NHTSA, should be copied on any submissions with confidential business information;
( 5 ) Identify the current model year;
( 6 ) Be written in the English language; and
( 7 ) ( i ) Specify any part of the information or data in the report that the manufacturer believes should be withheld from public disclosure as trade secret or other confidential business information.
( ii ) With respect to each item of information or data requested by the manufacturer to be withheld under 5 U.S.C. 552(b)(4) and 15 U.S.C. 2005(d)(1), the manufacturer shall: ( A ) Show that the item is within the scope of sections 552(b)(4) and 2005(d)(1);
( B ) Show that disclosure of the item would result in significant competitive damage;
( C ) Specify the period during which the item must be withheld to avoid that damage; and
( D ) Show that earlier disclosure would result in that damage.
( d ) Beginning with model year 2023, each manufacturer shall generate reports required by this part using the NHTSA CAFE Projections Reporting Template (Office of Management and Budget (OMB) Control No. 2127-0019, NHTSA Form 1474). The template is a fillable form. ( 1 ) Manufacturers must select the option to identify the report as a pre-model year report, mid-model year report, or supplementary report as appropriate.
( 2 ) Manufacturers must complete all required information for the manufacturer and for all vehicles produced for the current model year required to comply with corporate average fuel economy (CAFE) standards. The manufacturer must identify the manufacturer submitting the report, including the full name, title, and address of the official responsible for preparing the report and a point of contact to answer questions concerning the report.
( 3 ) Manufacturers must use the template to generate confidential and non-confidential reports for all the domestic and import passenger cars and light truck fleet produced by the manufacturer for the current model year. Manufacturers must submit a request for confidentiality in accordance with part 512 of this chapter to withhold projected production sales volume estimates from public disclosure. If the request is granted, NHTSA will withhold the projected production sales volume estimates from public disclose until all the vehicles produced by the manufacturer have been made available for sale (usually one year after the current model year).
( 4 ) Manufacturers must submit confidential reports and requests for confidentiality to NHTSA on CD-ROM in accordance with § 537.12. Email copies of non-confidential (*i.e.,* redacted) reports to NHTSA's secure email address: *cafe@dot.gov*. Requests for confidentiality must be submitted in a PDF or MS Word format. Submit 2 copies of the CD-ROM to: Administrator, National Highway Traffic Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, and submit emailed reports electronically to the following secure email address: *cafe@dot.gov*.
( 5 ) Manufacturers can withhold information on projected production sales volumes under 5 U.S.C. 552(b)(4) and 15 U.S.C. 2005(d)(1). In accordance, the manufacturer must: ( i ) Show that the item is within the scope of sections 552(b)(4) and 2005(d)(1);
( ii ) Show that disclosure of the item would result in significant competitive damage;
( iii ) Specify the period during which the item must be withheld to avoid that damage; and
( iv ) Show that earlier disclosure would result in that damage.
( e ) Each report required by this part must be based upon all information and data available to the manufacturer 30 days before the report is submitted to the Administrator.